Showing : 1-10 of 7016 Results

SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Adverse possession -- Plea by Government - Not permissible - State being a welfare State, cannot be permitted to take plea of adverse possession - State cannot be permitted to perfect its title over land by invoking doctrine of adverse possession to grab property of its own citizens...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act,..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is..........
ALLAHABAD HIGH COURT
Year of decision: 2020
Details
Indian Penal Code, 1860, Section 407, 504, 506-- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 1 kg 750 gms opium - Non-examination of ASI to whom SHO handed over case property - SHO handed over case property to ASI for production before Court - After producing same, he returned the case property to SHO with seals intact - ASI was not in possession of seals either of I.O or of..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 118(g)-- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by..........

Showing : 1-10 of 7016 Results